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The role of the judiciary in environmental governance : comparative perspective
Authors: ---
ISBN: 9789041127082 Year: 2009 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International,

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Abstract

This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. Among the many judicial initiatives and issues covered in this book the reader will find discussions of the following: promoting constitutional rights to a healthy environment; recognizing public rights to the environment in laws protecting private property; pronouncing on the validity of executive and legislative action; creating specialist environmental courts or tribunals; applying international environmental principles in the domestic context; imposing liability on offenders to rehabilitate damaged environments; developing common law remedies to rectify environmental harm; reducing costs and risks associated with environmental litigation; setting ecological limits to the use and development of natural and physical resources; generating public awareness and political will. As a critical and informative exposition of current issues relating to the judiciary and environmental governance, this book contributes to a better understanding of the manner in which sustainable environmental governance may be achieved by way of judicial intervention.

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